UNUSUAL FEATURES

Hawera Star, Volume LIV, 13 April 1934, Page 7

UNUSUAL FEATURES

LATE EDITION

CLAIM FOR COMPENSATION

LAND TAKEN FOR RAILWAY

Work then discontinued

(By Telegraph—rresa Association.! WELLINGTON, April 13. The Full Court is considering a c-ase stated under the Public Works Act, 1928, by the president of the Compensation Court. In March, 1931, a proclamation was issued taking certain lands of Annie El i a bet h Finlay,son, of Dargaville, a widow, for the purposes of the Dargaville branch railway. Subsequently Mrs. Finlayson served on the Minister of Public Works a claim for £B9O as compensation for the loss of the lands The claim was heard by the Compensation Court at Dargaville in July, 1933. This court made a tentative nett award of £43. being £33 for the land taken and £loo' for injurious affection to the land, less £9O, being the increased value to claimant’s property. Y The court gave the right to counsel for both parties to argue certain questions of law. The main question involved is whether any amount in respect of the increased value or betterment should bo deducted from the compensation, in view of the fact that the railway has not been completed, and is not being proceeded with. It ceases at present some 3 miles from claimant’s property. Messrs A. M. Gou filing (Aucklandl is appearing for the claimant and Mr. A. E. Currie for the respondent. Mr. Carrie submitted that under the statute betterment must be allowed as long as the increased value is likely to accrue. At the time the Public. II orks Department first entered on claimant’s land, in February, 1929, there was no prospect of construction being discontinued in the future, and betterment was likely and must be assessed as at that date. There might be an injustice in the present case, but the principle cut both tvays. The case is proceeding.